Advertisement
by Defwa » Mon Dec 08, 2014 7:18 pm
Federation Of The Donut wrote:Just kidding,calm thyselves.
by Separatist Peoples » Mon Dec 08, 2014 8:03 pm
Federation Of The Donut wrote:Just kidding,calm thyselves.
by Separatist Peoples » Mon Dec 15, 2014 6:21 am
by The Dark Star Republic » Tue Dec 16, 2014 10:51 am
by Separatist Peoples » Tue Dec 16, 2014 1:51 pm
The Dark Star Republic wrote:OOC: I think it's too specific. It would be best to simply state that such an order is a war crime, manifestly illegal, and subject to command responsibility, but leave the specifics of who to prosecute out. After all, we've just had a ruling that prosecution is handled by magic invisible clauses anyway, so it's reasonable to assume the magic invisible words resemble something reasonable.
by The Dark Star Republic » Tue Dec 16, 2014 2:16 pm
Separatist Peoples wrote:The Dark Star Republic wrote:OOC: I think it's too specific. It would be best to simply state that such an order is a war crime, manifestly illegal, and subject to command responsibility, but leave the specifics of who to prosecute out. After all, we've just had a ruling that prosecution is handled by magic invisible clauses anyway, so it's reasonable to assume the magic invisible words resemble something reasonable.
OOC: is this RE: the officer bits? I'm pretty sure I cut that not long ago. There was another edit since the last bump that I didn't announce due to forum inactivity. Unless I didn't change that bit? I'll have to check when I have access to the Master Draft, where I definitely made edits.
by Imperium Anglorum » Thu Dec 18, 2014 3:53 pm
1. Wartime looting shall be defined as the forceful seizure or theft of non-essential or humanitarian relief supplies by a military entity from civilian non-combatants during a time of armed conflict.
2. Wartime looting shall be determined by the nature of the goods being seized; seizure of essential supplies, such as food, water, or medical supplies not distributed as humanitarian aid, and material essential for immediate military operations, shall not be considered wartime looting, provided the owners are left sufficient supplies for their own needs.
3. Essential supplies seized from non-government entities by military forces shall be replaced or compensated for as quickly as possible by the nation responsible for the seizure.
1. Wartime pillage shall be defined as the intentional use of violence against a civilian population and property by a military force, except where rendered, in the strictest sense, an absolute necessity by military action.
by Separatist Peoples » Thu Dec 18, 2014 6:06 pm
Imperium Anglorum wrote:'Your Excellency, I support your proposal, as the condition of displaced peoples in war zones is of great importance to our state. There are just a few issues which the Foreign Office has reservations upon'.1. Wartime looting shall be defined as the forceful seizure or theft of non-essential or humanitarian relief supplies by a military entity from civilian non-combatants during a time of armed conflict.
2. Wartime looting shall be determined by the nature of the goods being seized; seizure of essential supplies, such as food, water, or medical supplies not distributed as humanitarian aid, and material essential for immediate military operations, shall not be considered wartime looting, provided the owners are left sufficient supplies for their own needs.
3. Essential supplies seized from non-government entities by military forces shall be replaced or compensated for as quickly as possible by the nation responsible for the seizure.
'Your Excellency, it relates to the sections projected on the screen above us. The Foreign Office has concluded that a double declaration of what constitutes 'wartime looting' should be avoided to keep one from being rendered unenforcable. The Foreign Office has also concluded that Article I, Sections 3 through 5 are effectively unenforcable in that the prevention of seizure of cultural artefacts is effectively impossible and that recompense for these "priceless" artefacts is impossible as well'.
'The Foreign Office has also concluded that the definition of "wartime pillage" can here be misconstrued as including the use of strategic bombing. Most importantly, the Foreign Office is concerned that if this bill passes, a country could simply hire civilian contractors for military production and consider the bombing of their factories as a war crime, as "the strictest sense" is rather strict'.
by Confederate Ramenia » Thu Dec 18, 2014 6:08 pm
1. Wartime pillage shall be defined as the intentional use of violence against a civilian population and property by a military force, except where rendered, in the strictest sense, an absolute necessity by military action.
The Flutterlands wrote:Because human life and dignity is something that should be universally valued above all things in society.
Benito Mussolini wrote:Everybody has the right to create for himself his own ideology and to attempt to enforce it with all the energy of which he is capable.
by Separatist Peoples » Thu Dec 18, 2014 6:19 pm
Confederate Ramenia wrote:1. Wartime pillage shall be defined as the intentional use of violence against a civilian population and property by a military force, except where rendered, in the strictest sense, an absolute necessity by military action.
"Due to the existence of warrior tribes and warrior peoples without any distinction between civilians and military, it is necessary that this definition be refined to only include those civilians and property currently engaged in warfare or necessary to war as 'fair game' for intentional violence."
by Imperium Anglorum » Fri Dec 19, 2014 10:38 pm
Separatist Peoples wrote:"Ambassador, the clause does not redefine pillaging. It clarifies. Its a common practice. I fail to see how preventing the theft of cultural treasures is unenforceable. It is as enforceable as any other form of theft prevention law. In those instances where individuals violate the law, prosecution should follow, to deter future events. This is designed to prevent systematic abuse by states. I fail to see how this is a problem."
Indeed, using strategic bombing in instances where less destructive options are a possibility would be pillaging. That is intentional. If the bombing of civilian manufacturing is made necessary by strategic needs in the most strict definition of military necessity, i.e. the objective is unachievable by any other means, it is not pillaging."
by Separatist Peoples » Sat Dec 20, 2014 7:39 am
Imperium Anglorum wrote:'Your excellency, I must concede that cultural treasures can be stolen, but I do not believe that adequate compensation can be given to the affected parties, which makes it unenforceable. Furthermore, I do not believe that prosecution can be done fairly, as those on the winning side cannot be adequately prosecuted'.
'Regarding strategic necessity, it is impossible for military planners to evaluate the objective's achievability with a certain method. Furthermore, this effectively states that military necessity cannot be done. In situations of total war, it is required that all resources be dedicated to the cause. As an assembly of states, part of our responsibility is to protect the ability of states and their continued sovereignty. In that, the destruction of civilian properties and the pursuit of victory and the preservation of a nation's people cannot be so constrained. There are never any so-called "less destructive options", as the pursuit of victory cannot simply be ignored. Collateral damage is an unavoidable element of warfare, and I feel that it is preposterous to legislate against it'.
by Imperium Anglorum » Sat Dec 20, 2014 1:32 pm
Besides, there are other elements of civilian property unaffected by total war industry. Houses and homes. Personal jewelry. Clothing. Personal electronics. Literally any good that a civilian might own for personal use. There is no justification that these objects, when in the possession of civilians, are contributing to total war, so there is, in fact, plenty of property to be protected in a total war by this resolution
Making no laws respecting thievery of cultural artefacts at all, leaving it de facto and de jure legal on an international level? What an awful idea.
by Defwa » Sat Dec 20, 2014 1:47 pm
by Separatist Peoples » Sat Dec 20, 2014 3:48 pm
Imperium Anglorum wrote:
'Sir, all of these aid and abet the enemy in a conflict. Houses and homes are used to maintain morale. Personal jewellery can be converted into gold, silver, platinum, which can be used in electronic production. Clothing maintains morale. Personal electronics are used to maintain morale. Goods which civilians use ... maintain morale. There is clear justification in that the nature of these possessions and their deprivation contribute to a nation's unwillingness to surrender and to end conflict, which leads to the conclusion that it would, by virtue of its existence, prevent the ultimate military objective of victory from being reached'.
Your Excellency, let us say that we make it illegal. How so are nations going to be punished? Extraditions? Victors will not give up their commanders, all but heroes in their public's eye. Losers will be forced to extradite by the victors. Property forfeiture? Who values the property? Cultural properties, by virtue of being priceless, cannot be quantified into a punishment. Sir, the lack of quantification for enforcement makes the clause unenforceable. In the same way the American constitution has clauses which are unenforceable, e.g. the clause guaranteeing republican forms of government for the states, there is no way to enforce the provision without clear definitions for that enforcement'.
'Then again, we could always have the victors of a conflict try, convict, and punish their enemies. Of course, qui custodiet ipsos custodes? Who watches the watchers themselves? Nobody? Perfect. "What an awful idea"'.
by Imperium Anglorum » Sat Dec 20, 2014 9:10 pm
Defwa wrote:You're operating on a ridiculous premise for pretty much your entire argument [...] Quantification is gnome operated for perfect neutrality
If the invaded nation has confiscated those items, it wouldn't be pillaging, now would it? Your argument would hold up in a court of law about as well as a sieve holds water, and is a genuine waste of time to consider
the best we can do is expect member states to obey their own laws
by Defwa » Sat Dec 20, 2014 10:28 pm
Imperium Anglorum wrote:Defwa wrote:You're operating on a ridiculous premise for pretty much your entire argument [...] Quantification is gnome operated for perfect neutrality
Immediately after the speeches of the two previous esteemed colleagues, Ambassador Parsons is joined by his deputy, Deputy Ambassador Cadogan, who interjects from his chair, 'The latter is settled then, a committee of impartial judges will determine the damages. Regarding the former, Ambassador Lev, it is clear that a lack of material needs can lead to surrender. Sieges, for example, are direct manifestations of such deprivation. What is a military doing when it starves them out, removes their water supply, prevents them from gathering the material needs for manufacturing, destroying civilian morale? It is attempting to extradite the forcing of surrender'. The Deputy Ambassador then took a drink from the glass on his desk and adjusted his tie while unbuttoning his jacket.OOC: Basically, I'm saying that there should not be a difference of law between bombing a water pumping facility to kill the mains pressure and bombing a manufacturing plant. This bill says there is. If one pursues an object of forcing an enemy to surrender, there is no difference, and creating one simply extends wars and makes them more deadly for both sides.
Standing up, Cadogan said, 'That raises a few questions, Ambassador Lev. Why must nations make Propaganda Ministries? Why do cities surrender? The answer is because countries are ruled by their civilians and the manipulation of public opinion, by both sides, is vital to the waging of modern warfare. This bill effectively bans the waging of total war. Ambassador, we must recognise that modern warfare is no gentleman's affair. It is a desperate, annihilating struggle, as study of any major conflict has shown. Naturally, fighting a war with collateral damage is not 'strictly military necessity', is it? One could always fight that war in a gentlemanly fashion. But then, you would have the first year of the First World War, with millions of men dying for no reason whatsoever, thrown at the enemy in charges, charges which general officers launched with the expectation that courage would defeat machine guns'. The Deputy Ambassador picked up a sheet of paper, and proceeded, 'Ambassador Bell made a comment on the record earlier today in that,'
by Normlpeople » Sat Dec 20, 2014 11:51 pm
by Imperium Anglorum » Sun Dec 21, 2014 1:04 pm
Defwa wrote:Warfare calls for some parent bleeping decorum. Otherwise you're just a murderous sick bleep. ... Propaganda is one thing, but you're bleeping literally describing mass bleeping torture.
by Defwa » Sun Dec 21, 2014 1:28 pm
by Separatist Peoples » Sun Dec 21, 2014 1:42 pm
by Imperium Anglorum » Sun Dec 21, 2014 2:18 pm
Defwa wrote:OOC: I guess you missed the point of my statement. RL references have literally no meaning here. There are hundreds of countries named after those ones you listed. Some had alternate endings to WW2, some never fought a war, some are in the infinite space future and can barely remember.
Kelssek wrote:Often, too, data or facts from the real world are drawn on as evidence or the basis for argument. While it is generally acceptable to, ... reference real-world incidents or scientific studies
Separatist Peoples wrote:Noncompliance doesn't work the same way as you're insinuating, as it's canon that members' laws change when laws are passed. While noncompliance is possible, it's not considered done on a systemic level generally, since otherwise the IC laws would be pointless.
by Gruenberg » Sun Dec 21, 2014 2:21 pm
Imperium Anglorum wrote:Defwa wrote:OOC: I guess you missed the point of my statement. RL references have literally no meaning here. There are hundreds of countries named after those ones you listed. Some had alternate endings to WW2, some never fought a war, some are in the infinite space future and can barely remember.
OOC: While not official, I would like to draw on this opinion on the usage of real world examples:Kelssek wrote:Often, too, data or facts from the real world are drawn on as evidence or the basis for argument. While it is generally acceptable to, ... reference real-world incidents or scientific studies
by Separatist Peoples » Sun Dec 21, 2014 2:37 pm
Imperium Anglorum wrote:Separatist Peoples wrote:Noncompliance doesn't work the same way as you're insinuating, as it's canon that members' laws change when laws are passed. While noncompliance is possible, it's not considered done on a systemic level generally, since otherwise the IC laws would be pointless.
"If non-compliance worked the way it works in real life, as you are insinuating that this delegation believes, then we would have absolutely no objection to the bill, as we would simply not enforce it. It is the enforcement of this bill, should it pass, which this delegation has issue with"
"We all want to reduce the destruction of war. We are simply going at it with different perspectives. I am objecting because your bill will increase the death tolls caused by wars and prevent the quick conclusion of conflicts, meaning more civilian casualties"
[EDIT: Added OOC tag]
Advertisement
Users browsing this forum: No registered users
Advertisement